Patricia Kidd v. District of Columbia,appellees

Chief Judge EDWARDS and Circuit Judges SENTELLE, TATEL and GARLAND would grant the petition.

A statement of Circuit Judge TATEL, dissenting from the denial of rehearing en banc, joined by Chief Judge EDWARDS and Circuit Judges SENTELLE and GARLAND, is attached.

Circuit Judge ROGERS did not participate in this matter.

ORDER

The petition for rehearing en banc of amicus curiae and the response thereto have been circulated to the full court. The taking of a vote was requested. Thereafter, a majority of the judges of the couit in regular active service did not vote in favor of the petition. Upon consideration of the foregoing, it is

ORDERED that the petition be denied.